A3393

An Act concerning continuing education for fire alarm, burglar alarm, and locksmith professionals and amending and supplementing P.L.1997, c.305.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.1997, c.305 (C.45:5A-24) is amended to read as follows:

4. The board shall have the following powers and duties, or may delegate them to the committee:

a. To set standards and approve examinations for applicants for a fire alarm, burglar alarm or locksmith license and issue a license to each qualified applicant;

b. To administer the examination to be taken by applicants for licensure;

c. To determine the form and contents of applications for licensure, licenses and identification cards;

d. To adopt a code of ethics for licensees;

e. To issue and renew licenses and identification cards;

f. To set the amount of fees for fire alarm, burglar alarm and locksmith licenses, license renewal, applications, examinations and other services provided by the board and committee, within the limits provided in subsection b. of section 11 of [this act] P.L.1997, c.305 (C.45:5A-31);

g. To refuse to admit a person to an examination or refuse to issue or suspend, revoke, or fail to renew the license of a fire alarm, burglar alarm, or locksmith licensee pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

h. To maintain a record of all applicants for a license;

i. To maintain and annually publish a record of every licensee, his place of business, place of residence and the date and number of his license;

j. To take disciplinary action, in accordance with P.L.1978, c.73 (C.45:1-14 et seq.) against a licensee or employee who violates any provision of [this act] , or any rule or regulation promulgated pursuant to [this act] , P.L.1997, c.305 (C.45:5A-23 et seq.) or P.L. , c. (C. ) (pending before the Legislature as this bill);

k. To adopt standards and requirements for and approve continuing education programs and courses of study for licensees, pursuant to sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), and their employees;

l. To review advertising by licensees; and

m. To perform such other duties as may be necessary to effectuate the purposes of [this act] P.L.1997, c.305 (C.45:5A-23 et seq.) or P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1997, c.305, s.4)

2. (New section) a. Each licensee shall obtain 10 continuing education credits each triennial registration period in the following subjects:

(1) a minimum of two credits in:

(a) federal regulations at 36 C.F.R. s.1191 promulgated as a result of the “American with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.) and accessibility requirements in the State Uniform Construction Code;

(b) the State Uniform Construction Code and New Jersey Fire Code, exclusive of accessibility requirements;

(d) the National Electrical Code, including State regulations concerning that code and NFPA-70; and

(2) a minimum of one credit in:

(a) the federal “Occupational Safety and Health Act (OSHA) of 1970,” (29 U.S.C. s. 651 et seq.); and

(b) State law and regulations governing the fire alarm, burglar alarm, and locksmith professions.

b. In addition to the requirements of subsection a. of this section, each licensee shall complete the following, as appropriate:

(1) If a licensee holds one committee-issued license, the individual shall complete 14 credits in courses relevant to the scope of practice of the license held, for a total of 24 credits. If a licensee holds a burglar alarm license, three of the 14 credits shall be in courses that concern smoke detection systems.

(2) If a licensee holds two committee-issued licenses, the individual shall complete 14 credits for each license held, in courses relevant to the scope of practice for each license, for a total of 38 credits. If a licensee holds a burglar alarm license, three of the 14 credits for that license shall be in courses that concern smoke detection systems.

(3) If a licensee holds three committee-issued licenses, the individual shall complete 14 credits for each license held, in courses relevant to the scope of practice for each license, for a total of 52 credits. Three of the 14 credits for the burglar alarm license shall be in courses that concern smoke detection systems.

c. A licensee may obtain continuing education credits from the following activities, provided the subject matter is relevant to the scope of practice of the committee-issued license held by the licensee:

(1) successful completion of continuing education courses or programs approved by the committee following sponsor submission as provided in subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The committee shall maintain a list of all programs, courses, and lectures approved by the committee following sponsor submission and shall furnish this information to licensees upon request;

(2) participation in instructional activities, such as developing curriculum for or teaching a new program or course. For purposes of this paragraph, “new” means that the licensee has never taught or developed curriculum for that course or program in any educational setting, except that:

(a) a licensee shall receive continuing education credit for teaching committee-approved continuing education courses on the Barrier Free Subcode; the State Uniform Construction Code, and federal regulations promulgated as a result of the “American with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.); industrial safety; and other applicable State law and rules, irrespective of whether the licensee has previously taught the course; and

(b) a licensee who teaches this course shall be deemed to have satisfied the continuing education credit requirements set forth in subsection a. of this section regarding accessibility requirements in the New Jersey Uniform Construction Code and the Americans with Disabilities Act; the New Jersey Building, Residential, and Fire Codes; the National Fire Alarm and Signaling Code pursuant to NFPA-72; the National Electrical Code pursuant to NFPA-70; industrial safety; and New Jersey law and rules, as applicable to the course taught, for the triennial licensing period during which the course was taught;

(3) authorship of a textbook or manual provided the textbook or manual, as published, is at least 7,500 words in length; and

(4) authorship of a published article provided the article, as published, is at least 250 words in length.

d. (1) One continuing education credit shall be granted for each hour of attendance at an approved continuing education program or course. Credit shall not be granted for programs or courses that are less than one instructional hour. Credit shall not be granted for more than eight instructional hours obtained in one day. Completion of an entire program or course or segment of program or course instruction shall be required in order to receive any continuing education credit.

(2) A licensee may obtain no more than 10 credits in each triennial registration period, for each committee-issued license, for completing committee-approved correspondence, self-study, televised, videotaped, teleconference, or internet courses.

(3) One continuing education credit shall be granted for participation as an instructor of a program or course, to a maximum of 12 credits per triennial registration period for each committee-issued license.

(4) Five continuing education credits shall be granted per textbook or manual authored by an individual, to a maximum of 10 credits per triennial registration period for each committee-issued license.

(5) Two continuing education credits shall be granted per published article, to a maximum of six credits per triennial registration period for each committee-issued license.

3. (New section) a. All sponsors of continuing education programs or courses seeking committee approval of a course or program shall:

(1) obtain committee approval prior to representing that any course, seminar, or program fulfills the requirements of this section. All sponsors seeking approval who have received certification from the International Association for Continuing Education and Training shall be pre-approved by the committee for courses related to the provision of fire alarm, burglar alarm, or locksmithing services and shall not be required to comply with the requirements of paragraphs (2) and (6) of this subsection, except that the sponsors shall be required to submit a detailed description of course content and hours of instruction for each course, seminar, or program offered;

(2) submit the following for each course or program offered, for evaluation by the committee, at least 60 days prior to the date the course or program is scheduled to be offered:

(a) a detailed description of course content and the hours of instruction; and

(b) the curriculum vitae of each lecturer, including specific background that qualifies the individual as a lecturer of repute in the area of instruction;

(3) monitor the attendance at each approved course and furnish, to each enrollee, a verification of attendance, which shall include at least the following information:

(a) the title, date, and location of the program or course offering;

(b) name and license number of the attendee;

(d) name and signature of officer or responsible party; and

(e) the committee-assigned instructor number;

(4) maintain course attendance documentation for a period of six years following course presentation;

(5) solicit program or course evaluations from both the participants and the instructors; and

(6) submit any fee required by the committee for each submission of course or program offering for which committee approval is sought.

b. A sponsor of a course or program offering that has been previously approved by the committee shall reapply to the committee for approval of the course or program only if there are any changes to the course content, hours of instruction, or course lecturer. The sponsor shall resubmit to the committee the documentation and any fee required by the committee. If there are no changes in course content, hours of instruction, or course lecturer for a previously approved course, or program, the sponsor shall not be required to reapply to the committee for approval prior to offering the course or program in subsequent renewal periods.

c. The committee may perform audits on randomly selected licensees to determine compliance with the continuing education requirements of this section. A licensee shall maintain the following documentation for a period of six years after completion of the credits and shall submit the following documentation to the committee upon request:

(1) a certificate of completion from the sponsor to demonstrate attendance at programs or courses approved by the committee;

(2) the published manual, textbook, or article, including the date of publication, to demonstrate proof of the publication; and

(3) documentation, including a copy of the curriculum, location, date and time of a course, duration of a course by hour, and letter from the sponsor confirming that the licensee developed or taught the course or program to demonstrate proof of developing curriculum or teaching a course or program.

d. The committee may waive the continuing education requirements of this section on an individual basis for reasons of hardship, such as severe illness, disability, or military service.

(1) A licensee seeking a waiver of the continuing education requirements shall apply to the committee in writing at least 90 days prior to license renewal and set forth in specific detail the reasons for requesting the waiver.

(2) The licensee shall provide the committee with any supplemental materials as will support the request for waiver.

(3) A waiver of continuing education requirements granted pursuant to this subsection shall only be effective for the triennial period in which the waiver is granted. If the condition which necessitated the waiver persists into the next triennial period, a licensee shall apply to the committee for the renewal of the waiver for the new triennial period.

e. The committee may direct or order a licensee to complete continuing education credits as a disciplinary or remedial measure or in order to correct a deficiency in the licensee's continuing education requirements. Any continuing education credits completed by the licensee in compliance with an order or directive from the committee may not be used to satisfy the continuing education requirements of this section.

f. A licensee who obtains more than the required number of continuing education credits in any triennial registration period may carry over up to a total of eight credits, irrespective of the number of committee-issued licenses held, into a succeeding triennial registration period.

g. Upon triennial license renewal, a licensee shall attest that the continuing education requirements of section 2 of P.L. , c. (C. ) (pending before this Legislature as this bill) are satisfied. Falsification of any information submitted on the renewal application may require an appearance before the committee and may result in penalties or suspension of the license pursuant to P.L.1978, c.73 (C.45:1-21 et seq.).

4. This act shall take effect immediately.

STATEMENT

This bill establishes continuing education requirements for licensees of the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee. Under the bill, standards are established by which licensees in these professions are to obtain continuing education credit. Credit hour minimum requirements are delineated by subject matter and a maximum number of hours is set for committee-approved correspondence, self-study, televised, videotaped, teleconference, or internet courses. Options, including instructing a course or publishing an article, are also permitted for licensees as a way to earn credit pursuant to the bill. Moreover, requirements for sponsors of continuing education are stipulated in the bill. The bill also allows for an audit of licensees’ records regarding continuing education completion and a waiver of continuing education if a hardship is experienced by a licensee.